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Photo of attorneys Shelley Slafkes and Bruce Levitt
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Mistakes Made in Bankruptcy

On Behalf of | Aug 1, 2013 | Bankruptcy Basics

Unfortunately, mistakes happen. What happens if an error is made in your Chapter 7 or Chapter 13 case? In many instances, it is possible to reopen your case and cure the mistake. Typically, cases are reopened to fix a procedural error. Common examples include:

  • failing to name an essential creditor
  • failing to disclose a valuable asset
  • failing to timely file your debtor education certificate (Official Form 23)
  • debtor receives a windfall of money or income (trustee might request the reopening)
  • failing to follow procedure for removing a judgment lien on real property
  • any other reason approved by the court.

The procedure for reopening a bankruptcy case is fairly simple.  Generally, the debtor files a motion with the court.  Generally, the motion requests that the judge allow the case to be reopened without giving formal notice to all of the creditors and without a hearing.  The debtor must also file a motion outlining why you need the case reopened.  If your motions are granted, the case proceeds on the one issue until it is concluded. There is no guarantee that the bankruptcy judge will allow you to reopen a case once it has been closed.  Thus, it is essential that your do your best to file true and correct pleadings the first time and that you speak with experienced attorneys. We are bankruptcy lawyers who know how to make a difference in your financial situation. We have experience you can rely on and we care about your results. Contact our New Jersey law firm online by filling out the form or by calling 973-323-2953 to schedule a free initial consultation with an attorney at Levitt & Slafkes, P.C..